Written Agreement Standard - Study in Melbourne, Australia › Shared Documents › en... · 2019-03-26 · Student Visa the student can start at the school. ... • While in Australia

WRITTEN AGREEMENT

Included in this document

Definitions and Acronyms

Child Safe Standards and Reportable Conduct Scheme

Commencing at a Victorian Government School

Communication

Responsibilities

Fee Information

• General Information

• Initial Fees

• Tuition Fees

• Non-Tuition Fees

• Other Costs

Terms and Conditions

• Applying

• Department of Home Affairs Age Requirements

• Academic Requirements

• English Language Proficiency Requirements

• Accommodation and Welfare Requirements

• Overseas Student Health Cover

Key Policies

• Accommodation and Welfare

• Course Progress

• Attendance

• Student Behaviour

• Student Deferral

• Transfer

• Withdrawal

• Student Travel

• Visa Breaches

• Privacy

• Refunds

• Complaints

• Appeals

Definitions and Acronyms

The following definitions and acronyms are used throughout this document:

• AEAS – Australian Education Assessment Services

• Agent – DET-accredited education agent

• CAAW – Confirmation of Appropriate Accommodation and Welfare

• COE – Confirmation of Enrolment

• COP – Confirmation of Placement

• CRICOS – Commonwealth Register of Institutions and Courses for Overseas Students

• DET – Department of Education and Training

• DHA – Department of Home Affairs

• ESOS – Education Services for Overseas Student Act 2006 (Cth)

• IED or the International Education Division is the division in the Department of Education and Training that administers the International Student Program in Victorian government schools. IED is not a separate entity to DET. DET is the CRICOS registered provider.

• IELTS – International English Language Testing System

• ISP – International Student Program

• Legal Custodian and Legal Guardian are used interchangeably

• Legal Custodian refers to having the right to the daily care and control of the student and the right to make decisions for that student

• NOI – Notice of Intention

• OSHC – Overseas Student Health Cover

• TIS – Translating and Interpreting Service

• TOEFL – Test of English as a Foreign Language

• TPS – Tuition Protection Service

• VCAA – Victorian Curriculum and Assessment Authority

• VCE – Victorian Certificate of Education

Child Safe Standards and Reportable

Conduct Scheme

The International Education Division and Victorian government schools are committed to the safety and wellbeing of children and young people. We demonstrate this commitment by providing information, support and processes to our students, staff and homestay families to provide for our students’ safety and wellbeing, and to help create child safe environments appropriate for their diverse backgrounds.

• For information regarding the Child Safe Standards visit: https://www.education.vic.gov.au/school/teachers/health/childprotection/Pages/safeenviro.aspx

• For Information on the Reportable Conduct Scheme visit: https://ccyp.vic.gov.au/reportable-conduct-scheme/

Page 2 of 12 As at 6 March 2019, Version 1.3

Commencing at a Victorian Government

School

• Fee-paying international students must not to start at a Victorian government school until the required fees have been paid and a complete copy of the written agreement, signed by the parents, legal custodian, or student over 18 years of age has been returned to IED.

• IED will issue a COE to the applicant once they have paid the required fees and returned the complete, signed written agreement. Once the applicant has received the COE and a 500 Student Visa the student can start at the school.

Communication

• IED’s preferred method of communication is email. This is subject to change at IED’s discretion.

• Any general queries about the International Student Program should be directed to [email protected].

• Any queries about fees prior to the student commencing at a Victorian government school should be directed to [email protected].

• Any queries about fees after the student has commenced studying at a Victorian government school should be directed to [email protected].

• While in Australia and studying, the student’s current residential address, mobile number (if any), email (if any), and who to contact in emergency situations must be provided to IED and the school.

• Parents must notify IED and the school within 7 days if the parents or student’s email address, residential address, phone numbers, or emergency contact details change while the student is enrolled in a Victorian government school. Notification of these changes can be made to IED at [email protected].

• Parents must notify IED and the school immediately of any change of visa status. Notification of these changes can be made to IED at [email protected].

Interpreter Assistance for Phone Calls

• If families require an interpreter to assist with phone calls, they can contact TIS on +61 3 9268 8332, advise of the language and dialect assistance that they require, and ask TIS to call IED, in the Department of Education and Training, on +61 3 9637 2990, or on a direct line, if known.

• Calls should be made between 9.00am to 4.00pm Australian Eastern Standard Time from Monday to Friday, excluding Victorian public holidays. Families will not be charged for the translation service.

Responsibilities

Education Services for Overseas Students

(ESOS) Act

All institutions teaching overseas students are regulated under ESOS. This protects Australia’s reputation for delivering quality education services and the interests of overseas students, by setting minimum standards and providing tuition and financial assurance. Further information about ESOS and overseas students’ rights are available at: https://internationaleducation.gov.au. The responsibilities of DET under ESOS are outlined below.

School:

• a Principal Class Officer who is responsible for the management of homestay accommodation and welfare services

• a staff member to act as their International Student Coordinator to oversee student services and pastoral care

• pre-arrival information

• an orientation program on arrival

• intensive English language tuition before commencement and, if required, ongoing English as an Additional Language support (secondary standard students only)

• counselling and ongoing support

• a minimum of two written and translated school reports per year

• provision of welfare and accommodation arrangements if requested by parents for students aged 13 years and over (fee applicable)

• arrival support, if requested.

DET and IED:

• will keep all information in relation to applications confidential and will not disclose information without consent, unless required by law

• have the right to reject an application at any stage of the enrolment process if there is reasonable belief that the student cannot meet the requirements of the student visa

• can suspend or cancel the enrolment of a student for misbehaviour or non-payment of fees

• will advise the student and parents of non-compliance, or suspension or cancellation of a student’s enrolment prior to reporting a student to DHA. Students and parents have 20 working days to appeal the decision

• Please see the Complaints and Appeals Policy in this document for further information, including instructions on how to lodge a complaint or an appeal and information on external complaints and appeals.

DET only accepts responsibility for information provided to overseas students:

• in DET’s own publications

• by DET employees

• by DET’s registered international representatives e.g. DET-accredited education agents.

DET will work with students to ensure success but cannot guarantee that students will:

• be accepted into a Victorian government school

• successfully complete their studies

• successfully complete their VCE

• gain entry into a tertiary institution. For further details in relation to terms and conditions, policies and procedures refer to: www.study.vic.gov.au.

Parents must ensure that:

• their child has a valid passport and visa

• all living expenses and return airfares are met

• all applicable fees related to the student studying in a Victorian government school are fully paid

• IED is notified immediately upon cancellation or change to their child’s visa status

• their child resides with their approved accommodation provider

• the student’s host school and IED are notified in writing within seven days if a parent or DHA-approved relative changes address, email address, phone number or emergency contact details in Australia

• IED is kept informed of any change of address in the student’s home country

• if the student is under 13 years of age that at least one parent, legal custodian or DHA-approved relative is living with the student

• the student has valid health insurance through an Australian OSHC provider for the duration of their visa. Students can apply for OSHC by selecting the option on the application form

• they retain a copy of the written agreement as supplied by DET and receipts of any payments of tuition fees or non-tuition fees.


Students must ensure that they:

• abide by their host school’s welfare, behaviour and accommodation policies

• comply with all visa conditions

• do not engage in any activity that may endanger their own safety or the safety of any other person

• retain a copy of the written agreement as supplied by DET and receipts of any payments of tuition fees or non-tuition fees.

Fee Information

General Information

• Upon accepting the student’s enrolment in a Victorian government school, parents or legal custodians have a legal obligation to pay fees relating to the student’s enrolment.

• Failure to pay fees by the due date on the invoice may result in:

– a default administration fee – the expulsion of the student from school – notification of the expulsion to DHA, which may impact on the

student’s visa.

• All fees are to be paid in Australian Dollars ($AUD) for the total amount of the invoice.

• The payer is to meet all of their bank’s transaction fees. DET is not liable for any foreign exchange variation incurred when making a payment.

• Fees can be paid to DET by BPAY, Electronic Funds Transfer or credit card within Australia, and credit card or telegraphic transfer from overseas.

• DET is not responsible for any monies paid to an agent or other third party by the student or parent.

• Agent commission paid by DET to agents is deemed a non-tuition fee, calculated and administered separately by DET as an annual payment.

• As invoices are sent by email, parents and legal custodians must ensure that IED always has a current email address for invoicing purposes. An invoice can only be sent to one email address. Please advise IED of any change in email address in writing to: [email protected].

• Parents and legal custodians remain liable for all fees payable even if an invoice has not been received.

Initial Fees

• The invoice provided with the Letter of Offer lists the initial tuition and non-tuition fees to be pre-paid by a student prior to commencement of the initial study period. Payment of these initial fees will confirm the student’s enrolment as outlined in the Letter of Offer.

• If payment is not received by the due date on the invoice, the student’s application for enrolment will be withdrawn and a place will not be held at the school indicated in the Letter of Offer.

• The student cannot commence at school until the invoice has been paid and a COE is issued.

• Additional English language studies, if applicable, are incorporated into the tuition fee.

• Students who undertake additional English language studies in Terms 3 and 4 are charged at the same rate for the year level they will enter the following year.

• DET cannot require parents or legal custodians to pay more than 50 per cent of the course fees up front, unless the course is 25 weeks or less. However, parents or legal custodians may opt to pay more than 50 per cent. Please contact IED at [email protected] if you wish to pay more than 50 per cent of the course fees up front prior to the student commencing.

• Tuition fees will not be refunded or credited if the student arrives later than the start date specified in the Letter of Offer.

• The following table indicates the tuition fees to be paid according to the student’s anticipated date of commencement at school.

Commencing

Term

Student Study

Duration

Initial Tuition

Fees Payable

Term 1, 2, 3 or 4 Up to 2 terms of study (0 – 6 months)

Full tuition fee amount

Term 1 or 3 Up to 3 terms of study (6 – 9 months)

Tuition fees for 1 school term

Term 2 or 4 Up to 3 terms of study (6 – 9 months)


Term 1 or 3 4 to 5 terms of study (12 – 15 months)

Tuition fees for 2 school terms

Term 2 or 4 3 to 5 terms of study (9 – 15 months)


Term 1 or 3 6 terms of study or more (18 months or more)


Term 2 or 4 6 terms of study or more (18 months or more)


Tuition Fees

• DET invoices for tuition fees twice a year, usually in May for Semester 2 and November for Semester 1 of the following year. However, this may vary and is subject to change.

• Semester 1 and Semester 2 tuition fees can differ as there are often a different number of weeks in each Semester.

• Fees are subject to change and may increase each year. Any increase in fees will apply to new and continuing students and will be included in new or subsequent invoices.

• Overseas student tuition fees are published online at www.study.vic.gov.au.

• If parents or legal custodians have not received the Semester’s invoice by the start of the Semester they must contact IED at [email protected] to obtain a copy of the invoice and they remain liable for all fees payable.

Non-Tuition Fees

• The following fees may be charged by IED or the school in relation to a student’s enrolment, if applicable:

– Application Fee ............................................................ $282.00 – Accommodation Placement Fee (incl. GST) .............. $298.10 – Arrival Support Fee (incl. GST) ................................... $167.20

– Enrolment Amendment Fee ........................................ $282.00 – Homestay Fee (indicative)......................... $250-330 per week – Medibank Private OSHC Fee ................... from $43 per month

– School Transfer Fee .................................................... $699.00 – Default Administration Fee .......................................... $500.00 – Refund Administration Fee .......................................... $500.00

• The above fees are correct at the time of publication, but are subject to change and may increase. Current fees are published online at www.study.vic.gov.au.

• The above Medibank Private OSHC fees represent cover for a single person only.

Application Fee

• An application fee is charged to apply to study in a Victorian government school.

• Applications will be processed on receipt of the application fee.

• Payment can be made to IED or through an agent.

Accommodation Placement Fee

• Where the parents or legal custodians have requested homestay accommodation arrangements or a nominated third party homestay accommodation arrangements, DET charges an Accommodation Placement Fee to:

– undertake a comprehensive check of the accommodation arrangements, including child safe screening


– issue a CAAW letter.

Arrival Support Fee

• Parents or legal custodians may opt to pay a fee for DET to provide arrival support to the student.

• The student will be welcomed at the airport by a staff member from their school. The staff member will ensure that they have arrived safely and get them to call their parents as soon as possible. The student will also be supported when meeting their homestay family and assisted to settle in.

• Students are not permitted to arrive in Australia before the welfare commencement date stated on the CAAW Letter.

Enrolment Amendment Fee

• Once the parents or legal custodians have accepted this Letter of Offer and Written Agreement, paid the initial invoice and received a COE from IED, an enrolment amendment fee will be charged if the parents or legal custodians wish to change:

– accommodation and welfare arrangements – schools, prior to commencement.

Homestay Fees

• Where the parents or legal custodians have elected for DET to take welfare responsibility for the student and organise homestay accommodation, fees for the homestay accommodation must be paid in accordance with the school’s instructions.

• Please note the homestay fee range of $250-330 is an indication only based on the recommended weekly costs. Individual schools may charge more or less than this fee based on the homestay selected and the location.

• Please see the Accommodation and Welfare Policy section of this document for further details about homestay.

OSHC Fees

• As a requirement of the student’s visa, students must have health insurance in the form of OSHC in place for the duration of their visa before arriving in Australia.

• There is a cost associated with OSHC that is determined by the OSHC provider that you choose. Please see the OSHC section in this document for further details on OSHC.

School Transfer Fee

• Where a student has commenced at school and wishes to transfer to another Victorian government school, a transfer fee will be charged.

• For details on how to request a school transfer, please see the Transfer Policy in this document.

Default Administration Fee

• Once a student has commenced, a default administration fee may be charged if invoices are not paid by the due date. Failure to pay fees by the due date may also result in the expulsion of the student from the International Student Program and notification of the expulsion to DHA.

Refund Administration Fee

• IED deducts a $500 refund administration fee for processing refunds in some instances. The Refund Criteria Table in this document outlines which circumstances attract this fee.

Other Costs

• Parents and legal custodians may incur the following additional costs in addition to fees charged by IED: – Books, uniforms, stationery items, electronic devices, school

trips, camps, exams, homestay accommodation, visa application or travel costs.

– Optional excursion/school activities that are not a part of the course of study or curriculum.

– Vocational Education and Training or language subjects provided by a third party, which may require additional fees for materials and equipment.

– VCAA enrolment fee. Students enrolled in any VCE subject units must pay an enrolment fee to the VCAA. Visit www.vcaa.vic.edu.au for more information.

Voluntary School Contributions

• In addition to the fees listed above, schools may request voluntary contributions throughout the school year to assist in raising funds for the school. The school documentation should clearly outline that payment of such requests are voluntary.

• It is optional whether parents or legal custodians make a voluntary contribution.

Terms and Conditions

Applying

• The application form will not be processed unless all relevant sections have been completed, all requested documentation is attached and the application fee has been received.

• The student’s parents, Legal Custodian or parent-appointed DET-accredited agent must sign the application form where stated in the Declaration section.

Department of Home Affairs Age

Requirements

From 1 July 2016, all school students must be of an appropriate age for the entry level for their school course, regardless of their country of citizenship. To be granted a visa for school studies, the student must meet the following Migration Regulations 1994 age requirements:

At least six years old at the time of visa application

Year 9 The student must be less than 17 years of age when commencing Year 9




Academic Requirements

Students must have gained a grade of 60 per cent or higher across all subjects completed in the previous two years. Some schools may have additional academic requirements. Please contact [email protected] for further information.

English Language Proficiency

Requirements

There are no English Language Proficiency requirements for students attending Prep to Year 6 at a Victorian government school. It is a requirement that secondary school students have a certain level of English language skills prior to commencing their course of study. To meet the minimum English language requirements for secondary school students, a student must provide documented evidence that the student has:

• been taught at a school for at least 2 years where English is the primary language of instruction; or

• achieved: – a general IELTS test score of at least 5.5; or – an AEAS score of 80 or higher; or

– an internet-based TOEFL score of at least 69; or – an EIKEN score of Grade 3 or higher for Year 10 entry; or – an EIKEN score of Grade Pre-2 or higher for Year 11 entry.

If the above requirements cannot be met, then before commencing in a Victorian government school, the student must:


• undertake additional English language studies in a Victorian government school as part of their course, if available; or

• successfully complete an English language course in Victoria at a private provider.

The duration of English language provision will normally be 20 or 21 weeks (two terms), depending on when they commence in the school year. If at the end of the two terms, the student’s English language proficiency is still not sufficient for them to commence their core studies, they may be required to undertake additional English language studies.

Accommodation and Welfare

Requirements

• All students under 13 years old must reside with a parent, legal custodian or a DHA-approved relative for the duration of the student’s enrolment.

• Please refer to the DHA website www.homeaffairs.gov.au for a complete list of approved relatives and information on the DHA approval process.

• The relative must also be aged 21 or over and be eligible to stay in Australia until the expiry of the student’s visa or until the student turns 18.

• Students 13 years or older may reside with a parent, legal custodian, DHA-approved relative, a nominated third party homestay or in homestay accommodation, as part of DET-approved welfare arrangements.

• Homestay accommodation or nominated third party homestay must be approved by the host school and the Accommodation Placement Fee paid before a CAAW Letter is issued.

Overseas Student Health Cover

• As a requirement of the student’s visa, students must have health insurance in the form of OSHC in place for the duration of their visa before arriving in Australia.

• Health insurance must be purchased from one of the Australian Government’s approved providers. A list of the approved providers can by going to www.health.gov.au and searching for overseas student health cover.

• Students retain the right to choose their own Australian Government approved insurer and purchase their own OSHC.

• The student’s visa may be cancelled if OSHC is not maintained for the duration of the visa, as this constitutes a breach of visa conditions.

• Please see the DHA website for further information about visa conditions: www.homeaffairs.gov.au.

DET-arranged Overseas Student Health Cover

• Parents or legal custodians can elect for DET to arrange the student’s OSHC at the time of enrolment

• Parents or legal custodians can also ask DET to arrange the student’s OSHC if they change their mind about using another provider by emailing: [email protected].

• DET has a preferred provider arrangement with Medibank Private, which includes a commission payment to DET. Medibank Private is one of the Australian Government’s approved OSHC providers.

Privately arranged Overseas Student Health Cover

Parents or legal custodians who choose to arrange the student’s OSHC directly through a health cover provider must ensure that:

• OSHC is arranged prior to arrival in Australia.

• DET has details of: – name of the OSHC provider – membership number – start date of the cover

– end date of the cover – documentation supporting OSHC coverage.

No gaps in Overseas Student Health Cover

Where a student is transferring into a Victorian government school from another education provider there must be no gap in the student’s

OSHC cover. This means that when one OSHC policy expires the next policy must start immediately.

Applicants from Norway, Sweden or Belgium

Applicants from Norway, Sweden or Belgium may have alternate OSHC arrangements. Please refer to www.homeaffairs.gov.au and www.health.gov.au for further details.

Key Policies

Accommodation and Welfare Policy

Accommodation and welfare arrangements

All students under 13 years of age

• Students under 13 years of age must live with and be cared for by a parent, legal custodian or DHA-approved relative.

Students aged 13 years and over

• Students aged 13 years and over have four options for accommodation and welfare: 1. Parent or legal custodian. 2. The student can live with a DHA-approved relative. 3. The student’s parents or legal custodian can nominate a

family friend for the student to reside with. The nominated person must be at least 21 years of age and will be required to be approved as a homestay provider by DET.

4. The student’s parents or legal custodian can request that DET arrange homestay accommodation.

Confirmation of Appropriate Accommodation and Welfare

(CAAW)

• Students issued with a CAAW will have the period of welfare provision specified on the CAAW. This period will:

– begin seven days prior to the student’s course commencement, and

– end seven days after the course completion or cessation, or until the date the student turns 18 years of age, whichever is sooner.

• DHA will not allow students to arrive before the nominated welfare commencement date detailed in the CAAW.

• The welfare of students under the age of 18, who have been issued a CAAW, is the responsibility of DET, delegated to the principal or assistant principal of the host school.

• Prior approval by DET is required if the student wants to change welfare/accommodation arrangements to ensure that the student does not breach visa conditions.

Homestay accommodation

• Homestay accommodation is provided by a homestay family. This is arranged by the student’s host school. Please note that host schools maintain contact with homestay providers throughout the student’s stay. DET, IED and Victorian government schools are not homestay accommodation providers.

• All homestay family members and residents aged 18 years and over undergo child safe screening including provision of a Working with Children Check before students arrive. The homestay accommodation is also checked for suitability, including that it is age appropriate, prior to commencement. Homestays will also continue to be checked for suitability at a minimum of once a Semester.

• Schools may require students 18 years of age and over to remain in their approved accommodation for the duration of their study as a condition of their enrolment at the school.

• Students in homestay accommodation and their parents will be asked to sign a homestay responsibility agreement on commencement of their stay. The agreement will outline the house rules and requirements as well as homestay costs and methods of payment.

• Please note that since most students are under 18 years of age they do not have contractual capacity. This agreement is therefore a code of conduct agreement rather than a legally binding arrangement.


• Students must abide by house rules.

• A student’s privacy, personal possessions and personal space are respected.

• If after-school activities keep a student at school, the student must notify their homestay family.

• Although it is reasonable to expect students to be home at a specified time during the week, other arrangements may be made for returning late on weekends.

• A student must have written permission from a parent or legal custodian and provide all relevant contact details if they wish to stay away overnight.

• Students and/or their parents are required to reimburse homestay providers for any damage to property caused by the student during the student’s time of residence.

• Homestay payments are made by the agent, parent or legal custodian of the student to the school. The school then pays the homestay provider on the student’s behalf.

• A bond of two weeks’ homestay payment is usually required. The bond is refundable at the conclusion of the homestay period after all expenses, repairs or damage (if any) have been paid.

• During holidays a holding fee to retain the homestay accommodation may be required to cover the student’s absence.

• If a student residing in homestay has their enrolment cancelled due to breaching DET’s attendance, behaviour or course progress policies, or is expelled from school due to the non-payment of fees, the homestay family will be notified.

Changing homestay arrangements

• At least two weeks’ notice needs to be given to the: – student and host school, when a homestay provider wishes to

terminate the homestay agreement – the homestay provider and host school, when a student

wishes to move out of a homestay.

• Students giving less than two weeks’ notice may forfeit their bond.

• Students cannot change their homestay until they have completed one full term of tuition.

• Students may only change homestay once they have the host school’s permission.

Homestay issues / complaints

• Issues and/or complaints that cannot be resolved between the homestay provider and the student should be referred in writing to the host school.

• If the matter is not satisfactorily resolved after referral to the school, the matter can be referred to the International Education Division.


Course Progress Policy

• It is a DHA requirement that students maintain satisfactory course progress during the period of their enrolment. Schools assess a student’s performance each term using the requirements set by the Victorian Curriculum and Assessment Authority.

• Please note: these requirements are the same for domestic students.

• All host schools have course monitoring that includes regularly reporting to students and parents on course progress such as term and semester reports.

• All subjects/units must be completed satisfactorily within the expected duration as specified on the student’s CoE for the student to:

– progress to the next year level, or – complete their course of study

• An extension to complete studies may be granted if: – study deferment has been approved, or

– there are compassionate or compelling circumstances, or – intervention strategies have been implemented.

• An intervention strategy will be activated at a minimum where the student has not satisfactorily progressed or is deemed not yet competent in 50 per cent or more of the units attempted in any particular study period (per term).

Intervention Strategies

• Students requiring assistance with their performance will be counselled. Counselling will include suggestions for improving performance such as additional support for subject specific tutoring (e.g. English), career and guidance counselling or personal counselling. Student support services and referrals to external support services are provided at no cost.

• Please note: services beyond those normally provided within the school’s resources may incur additional cost to the family.

• Where appropriate, a Performance Agreement between the student and the school may be developed to assist with improving performance. The agreement will be for a specified period and outline targets to be met by the student.

• If the performance agreement is not met, the student will be reported to DHA for non-compliance with visa conditions. Please refer to the Visa Breaches section of this document for further information.

• Please note: any intervention will be discussed with parents.

Additional counselling or support arrangements

• DET cannot take any responsibility where parents arrange additional counselling or support for the student through private agencies or persons.

• Please note: information cannot be provided from DET or the school for any such arrangements under the Victorian Government Privacy Act.

Attendance Policy

• Visa conditions require students to attend at least 80 per cent of scheduled course contact hours each semester, or, for students undertaking VCE, students must maintain minimum VCE attendance rate at their host school. Please note that DET prefers students to attend all scheduled course contact hours.

• All host schools record student attendance daily in their attendance monitoring systems that provide the attendance rates for visa conditions on an ongoing basis. The host school will contact the student and/or their parents if there is unapproved leave or if a student is at risk.

• Where non- attendance is covered by a medical certificate, the time:

– is included in attendance figures – is not taken into account when determining the 80 per cent

attendance rate for compliance and DHA reporting purposes.

Intervention Strategies

The intervention strategies for student attendance are summarised below.

• If attendance falls to 90 per cent: Action by school

– Student notified – Parent / legal custodian or DHA-approved relative notified – Homestay family notified, if applicable.

• If attendance falls to 85-90 per cent: Action by school

– Student notified – Parent, legal custodian or DHA-approved relative notified – Homestay family notified, if applicable – The student will be interviewed by the school

– A Student Attendance Agreement put in place with agreement from the school, the student, parents, legal custodian and homestay family, if applicable.

• If attendance falls to 80-85 per cent: Action by school

– Student notified – Parent, legal custodian or DHA-approved relative notified


– Homestay family notified, if applicable – An additional Student Attendance Agreement will be put in

place by the school.

• If attendance falls below 80 per cent, leading to DHA visa requirements to be breached: Action by school

– Student notified – Parent, legal custodian or DHA-approved relative notified

– Homestay family notified, if applicable – The student will be issued with a Notice of Intention to Report

for Non-Compliance to DHA. Please refer to the Visa Breaches section of this document for further information.

Student Behaviour Policy

• Each school has policies related to student wellbeing, behaviour, welfare and accommodation that students must abide by while enrolled at their host school.

• Students must also be aware of their DHA visa conditions to ensure that they are complied with at all times.

• It is important that students avoid activities that may endanger their safety, the safety of others or that could lead to criminal charges.

• Students must maintain approved care arrangements and contact with the school.

• When a student does not fulfil the requirements of the host school’s policies and rules and/or the student enters into activities that are unsafe, a student’s enrolment may be suspended or cancelled, with no refund payable for the student’s current semester.

Student Deferral Policy

• A commenced student may apply to IED to defer their course of study in compassionate and compelling circumstances. Examples of such circumstances could include: serious illness, injury or trauma, bereavement of close family members, major political upheaval or natural disaster in the home country.

• IED will consider the impact on the student’s capacity and/or ability to progress through their course of study.

• The deferral application should include evidence of the circumstances and can be made by completing the Deferral Form found under Brochures and Forms at www.study.vic.gov.au and submitting it via email to [email protected].

• Please note: deferral of studies is for a maximum of six months and cannot be approved retrospectively.

Transfer Policy

• Students may apply to transfer to another school (government or non-government):

– after six months (two terms) of enrolment – less than six months (two terms) after commencement (in

exceptional circumstances only).

Transfer to a different Victorian government school

• Transfer applications will be processed within 14 days from the receipt of a complete application and payment of the non-refundable transfer fee.

• IED will not consider transfers in the middle of a school term.

• Students cannot transfer to a different Victorian government school if tuition and other fees are not fully paid.

• IED will assess transfer applications on a case-by-case basis and consider the availability of places at the requested school.

• Transfer applications need to: – be sent to IED two weeks before the end of the six-month

study period (two terms)

– outline reasons for the transfer, for example: unexpected changes in accommodation/welfare arrangements; issues between the student and host school that cannot be resolved; a traumatic incident.

• A transfer application to a different Victorian government school can be made by completing the Transfer Form found under Brochures and Forms at www.study.vic.gov.au and submitting it via email to [email protected].

Transfer to a non-government school

• A transfer to a non-government school is treated as a withdrawal.

• If a student withdraws during the Semester there will be no refund for the current Semester. Please see the Refund Criteria Table for more detailed information about refunds.

• To transfer to a non-government school, a Withdrawal Form must be submitted. This form can be found under Brochures and Forms at www.study.vic.gov.au and can be submitted via email to [email protected]. Please refer to the Withdrawal Policy in this document.

Transfer Appeals

• A transfer application denial can be appealed.


Withdrawal Policy

• A withdrawal application is required for a student to transfer to a non-government school, other CRICOS-registered education provider or to exit the ISP.

• If a student withdraws during the Semester there will be no refund for the current Semester. Please see the Refund Criteria Table for more detailed information about refunds.

• A withdrawal can be made by completing the Withdrawal Form found under Brochures and Forms at www.study.vic.gov.au and submitting it via email to [email protected].

• Withdrawal applications to exit the program and return home need to include:

– the completed Withdrawal Form – evidence that the student is returning home/leaving Australia.

• Withdrawal applications to exit the program to enrol in a non-government school need to include:

– the completed Withdrawal Form – a letter of offer or COE and CAAW, if applicable, from the new

CRICOS-registered school, or other provider, and ensure that there is no welfare gap

• If the student withdraws from the program prior to completing six months of study to enrol with a different provider, DET will release the student:

– if the withdrawal application fulfils policy requirements – where tuition and other fees are fully paid – where there is no risk that the student’s visa conditions will be

breached.

– Where there is no welfare gap and the receiving school or other provider is CRICOS registered

• The withdrawal will be assessed within 14 days of receipt of a completed Withdrawal Form supplied with all necessary supporting documentation.

Student Travel Policy

This policy applies to students who have been issued a CAAW. Please note, this policy does not apply to students residing with a parent, legal custodian or a DHA-approved relative.

• Where a student’s travel in Victoria or interstate includes overnight stays, written approval from the student’s parents or legal custodian and the school principal (or assistant principal) is required. Please note if a student is living in a homestay, the homestay provider is also to be provided with details of the travel arrangements.

• With approval from parents or legal custodian and the school, students are able to travel within Australia:

– with the homestay family on a holiday or excursion – on a school camp or excursion supervised by school staff


– with a person(s) approved by the student’s school principal and holding a Working with Children Check

– on a commercial package tour or academic program within Australia which is provided by a registered company, is specifically designed for school students and includes appropriate supervision or chaperone arrangement, and involves no independent travel, i.e. pick up and drop off is at the homestay, the school or an assembly point designated by the school

– in the company of a direct family member over 21 years of age (parent or DHA-approved relative) who will accept responsibility for the student during the travel

– to a sporting or club event as part of a local team or group and where the student will be under the care and supervision of the club or association during the trip that has appropriate child safe practices.

Please note: in all of the above circumstances it is expected that students will be supervised at all times by adults who have been subject to child safe screening and hold the required Working With Children Check. Overseas Travel: Students under the age of 18 are not permitted to undertake overseas travel other than directly into the care of a parent or legal guardian or a direct family member over 21 years of age approved by the parent. Note: DET’s welfare responsibility ends when a student departs from Australia.

Visa Breaches

The following circumstances constitute breach of visa conditions which can lead to cancellation of enrolment:

• If tuition fees are not paid by the due date specified on the invoice.

• If student attendance is less than 80 per cent of scheduled hours.

• If the student fails to meet course progress as outlined in the Course Progress Policy.

• If a student fails to adhere to the Student Behaviour Policy.

Issuing a Notice of Intention to Report

• Students who are found to be in breach of the above visa conditions will be issued with a Notice of Intention to Report.

• The Notice of Intention to Report will outline the circumstances and actions already undertaken by the host school and/or IED, and what further actions may be taken. The notice also explains DET’s intention to report to DHA.

Appealing a Notice of Intention to Report

• Students have the right to appeal a Notice of Intention to Report within 20 working days from the date of issue.

• Students who are unsuccessful with their internal appeal and who do not lodge an external appeal will be reported to DHA.

• DET will maintain the student’s enrolment, and accommodation and welfare arrangements, while the internal appeals process is ongoing, unless extenuating circumstances exist relating to the welfare of the student.

• The reporting of the student to DHA will only occur after the appeals process has been completed.


• Please note: Where DET has welfare responsibilities (CAAW) for a student under 18 years of age, those responsibilities will continue to apply after a student has been reported to DHA until one of the following applies:

– The student leaves Australia; or – The student has alternative welfare arrangements

approved by another registered provider; or – Care of the student by a parent or nominated relative is

approved by immigration.

• If after 14 days no alternative welfare arrangements have been made, DET will cancel the CAAW and advise DHA that it is no longer to approve the student’s welfare arrangements.

Privacy Policy

• DET collects personal information about the student as well as the student’s parents or legal custodians. The purpose of collecting this information is to allow DET (which includes all Victorian government schools and the central and regional offices) and other contracted organisations to: – assess and process the application

– register the applicant – allocate staff and resources to ensure the student’s

educational and welfare needs are met – ensure compliance with the conditions of the student’s visas

and the student’s obligations under Australian immigration laws generally

– use in relation to the student’s enrolment in a Victorian government school.

• Also, the information may be shared with other government departments and contracted organisations concerned with the administration of the ISP.

• Homestay providers may be advised if the student’s enrolment is cancelled or the student is expelled from school.

• DET must only use or disclose personal and health information for the primary purpose for which it was collected, unless:

– use or disclosure is for a related secondary purpose and the individual would reasonably expect DET to use or disclose the information for that secondary purpose

– the individual has provided consent – use or disclosure is necessary for research, or the compilation

of statistics, in the public interest – use or disclosure is reasonably necessary to carry out a law

enforcement function

– use or disclosure is otherwise required, permitted or authorised by law. For example, DET may be required to share information to fulfil its duty of care to students, staff and visitors.

• For further information, please see DET's Information Privacy Policy at: www.education.vic.gov.au/Pages/privacypolicy.aspx.

Refund Policy

• The ISP Refund Policy allows overseas students seeking to enrol, or previously enrolled, in the ISP to request a refund in certain circumstances.

• IED deducts a $500 refund administration fee for processing refunds in some instances. The Refund Criteria Table in this document outlines which circumstances attract this fee.

• Where the $500 refund administration fee is payable and the refund amount due is calculated at $500 or less prior to charging the refund administration fee, no refund will be paid to the claimant.

• The following fees are not refundable: application fee, enrolment amendment fee, accommodation placement fee, arrival support fee, school transfer fee, and default administration fee. The exceptions are when a student is refused a visa to enter Australia or in the case of provider default prior to student commencement.

• For students leaving the ISP or transferring to another non-Victorian government provider, no refund will be paid until the student has withdrawn from the program by completing and submitting the Withdrawal Form and ceased studying. The Withdrawal Form can be found under Brochures and Forms at http://www.study.vic.gov.au/.

• Fees for services paid to agents by families are not covered by the Student Refund Policy.

• Where homestay fees have been paid in advance and the student does not commence living at the homestay, the fees will be refunded in full. Once the student commences living at the homestay, the student is required to pay homestay fees two weeks in advance. Where a student who has commenced living at the homestay decides to leave, unused homestay fees will be refunded where two weeks' notice is provided and if the student has not caused any damage to property. Please contact the school directly about a refund of these fees.


• In the unlikely event that DET defaults and the course of study is no longer available, and the student has pre-paid the course, DET may offer the student a place in an alternative course at DET's expense. If the alternative course is not accepted by the student and they prefer a refund, a refund will be paid within 14 days from receipt of the completed Refund Request Form and all necessary supporting documents.

• Additionally, the TPS is an Australian Government initiative to assist overseas students whose education providers are unable to fully deliver their course of study. The TPS ensures that overseas students are able to complete their studies in another course or with another education provider, or receive a refund of unspent tuition fees. For more information see the TPS website: www.tps.gov.au.

• DET will advise of the outcome of any refund request in writing and pay any refund due within 4 weeks of receiving the completed Refund Request Form and all necessary supporting documents. The exception is in cases of provider default, where any refund due will be paid within 14 days of receiving the completed Refund Request Form and all necessary supporting documents.

• Failure to provide appropriate details or documentary evidence with a refund request may result in the refund being delayed.

• Refunds are paid to parents or legal guardians. Upon instruction from the parents or legal guardians in the Refund Request Form, refunds will be paid to students (if over 18 years of age) or agents.

• Refunds are paid by telegraphic transfer or electronic bank transfer.

• All refunds are paid in Australian dollars and DET is not responsible for any foreign exchange losses.

• DET may, in its discretion, amend this refund policy at any time and without notice. If DET amends this refund policy, all refund applications made on or after the date of the amendment will be assessed under the amended policy. DET's online Refund Request Form outlines the prevailing policy.

• This written agreement, and the right to make complaints and seek appeals of decisions and action under various processes, does not affect the rights of the student to take action under the Australian Consumer Law if the Australian Consumer Law applies.

Refund of Overseas Student Health Cover (OSHC)

• Standard overseas students studying in Australia are required to have OSHC. When enrolling in the ISP, overseas students can opt to have IED organise their OSHC through Medibank Private.

• Where a student has elected for IED to organise their OSHC through Medibank Private, and the student withdraws their enrolment prior to the scheduled course commencement date, the OSHC fee will be included in the IED refund calculation if IED has not already transferred the fee to Medibank Private. IED’s refund outcome letter will advise the parent if the OSHC fee has been transferred to Medibank Private.

• Where a student has elected for IED to organise their OSHC through Medibank Private, and the student has commenced, or the student has not commenced but the fee has already been transferred to Medibank Private, the student should contact Medibank Private by calling +61 3 9862 1095 or via email at [email protected] regarding their OSHC refund.

• If an overseas student has elected to use another healthcare provider for their OSHC needs, the student should contact their provider directly with any queries regarding OSHC refunds.

How to apply for a refund

• Refund requests must be submitted using the Refund Request Form available under Brochures and Forms on the www.study.vic.gov.au website.

• The form must be submitted in a typed format to ensure that refunds are paid to the correct bank account. The completed Refund Request Form, and the necessary documentary evidence as outlined in the Refund Criteria Table, should be submitted to [email protected].

• Failure to provide appropriate details or documentary evidence with a refund request may result in the refund being delayed.

Refund Progress Enquiries

• Enquiries about the progress of a refund can be made to the Finance Team, IED, by emailing [email protected].

Challenging a Refund Decision

• Families can appeal a refund decision if they believe the refund amount is incorrect or the Refund Policy has not been correctly applied.


Page 10 of 12

As at 6 March 2019, Version 1.3

Refund Criteria Full or partial refunds are granted when assessed as meeting the following circumstances, and with the provision of the relevant required documentary evidence.

Circumstance Evidence Required Pre-Commencement Refund Due Post-Commencement Refund Due Timeframe to Pay Refund

Student has received a Confirmation of Enrolment (CoE) or Confirmation of Placement (COP) but is refused a visa to enter Australia

Letter of visa refusal from the Department of Home Affairs (DHA)

Full refund of all fees paid less 5 per cent of the total fees received (excl. health cover) or $500, whichever is the lesser amount (as required)

Not applicable 4 weeks

Student cancels any time after commencing and does not have an appropriate written agreement in place

Completed withdrawal form from the parent Not applicable Refund of all unused tuition fees paid calculated from the end of the week of cancellation 4 weeks

Student Default Circumstances

Student receives a fee exempt visa Visa grant letter from DHA Full refund of tuition fees paid less $500 refund administrative fee

Refund of unused tuition fees paid calculated from the day on which the visa change was granted less $500 refund administrative fee

4 weeks

Student withdraws any time during the Semester after commencing

Completed withdrawal form from the parent, AND If transferring to another Australian educational institution, a copy of CoE/offer letter from a CRICOS registered provider that accepts appropriate accommodation and welfare responsibility for under 18 students, OR If returning home, a copy of the flight ticket

Not applicable

No refund for current Semester. Refund of any future tuition fees paid less $500 admin fee 4 weeks

Student withdraws between Semesters after commencing

Refund of any future tuition fees paid less $500 admin fee 4 weeks

Student withdraws application for any reason before a CoE or COP is issued

DET letter/email confirming cancellation of enrolment from the International Student Program

Full refund of tuition fees paid less $500 refund administrative fee Not applicable 4 weeks

Student has received a CoE or COP but does not proceed with visa, cancels their course, or fails to commence

DET letter/email confirming cancellation of enrolment from the International Student Program

Full refund of tuition fees paid less $500 refund administration fee Not applicable 4 weeks

DHA cancels the student’s visa for any reason, other than provider default Letter of cancellation from DHA Full refund of tuition fees paid less $500 refund

administration fee No refund for current Semester. Refund of any future tuition fees paid less $500 refund administration fee

4 weeks

DET cancels student’s enrolment due to breaching DET’s Attendance, Course Progress or Behaviour Policies

Letter of cancellation from DET Full refund of tuition fees paid less $500 refund administrative fee

No refund for current Semester. Refund of any future tuition fees paid less $500 refund administration fee

4 weeks

Student commences, then defers study but fails to recommence Completed withdrawal form from the parent Not applicable

No refund for the Semester that they deferred. Refund of any future tuition fees paid less $500 refund administration fee

4 weeks

Provider Default Circumstances

DET cancels the student's enrolment before the start of a course due to provider default and the student has not already cancelled their enrolment

Letter of cancellation from DET Full refund of all fees paid Not applicable 14 days

DET is unable to continue to deliver the program once the student has commenced due to provider default and the student has not already withdrawn

Letter of cancellation from DET Not applicable Refund of all unused tuition fees paid calculated from the end of the week of cancellation 14 days


Complaints and Appeals Policy • The ISP Complaints and Appeals Policy allows overseas

students, parents, schools and agents access to a process to lodge a complaint or appeal in respect of the services provided to overseas students seeking to enrol, enrolled, or previously enrolled in the ISP.

• Through this process, applicants can express their dissatisfaction with the quality of an action taken, decision made or service provided, or dissatisfaction with a delay or failure in providing a service, taking an action, or making a decision.

• DET will respond to any complaint or appeal regarding the applicant's dealings with DET, DET-accredited agents or any related party DET has an arrangement with to deliver the student's course or related services.

• IED requests, in the first instance, applicants attempt to resolve the matter informally.

• Please refer to the ISP Complaints and Appeals Process Guide available at www.study.vic.gov.au under Brochures and Forms for detailed guidance on the steps that can be taken in relation to a complaint or appeal.

How IED will deal with complaints and appeals • IED does not charge a fee to lodge a complaint or an appeal.

• IED will provide the applicant with the contact details of a staff member within IED who the applicant can contact in relation to the complaint or appeal.

• IED will commence assessment of a complaint or appeal within 10 working days of lodgement and all reasonable measures will be taken to finalise the outcome as soon as practicable.

• The applicant will be given the opportunity to formally present their case at minimal or no cost.

• The applicant may be assisted by a support person at any relevant meetings, provided that person does not have a conflict of interest. For example, it may not always be appropriate for an agent to be present.

• IED will conduct the assessment of a complaint or appeal in a professional, fair and transparent manner.

• IED will give consideration to the Victorian Charter of Human Rights and Responsibilities when assessing a complaint or appeal.

• IED will provide the applicant with a written statement of the outcome of the complaint or appeal, including detailed reasons for the outcome, within 10 working days of completion.

• The written statement of the outcome of the internal appeal will inform the applicant of their right to access an external complaints handling and appeals process at minimal or no cost with the Victorian Ombudsman and will include contact details.

• IED will comply with a decision or recommendation in favour of the student made as a result of an internal or external appeal, and will immediately implement the decision or recommendation and/or take the preventative or corrective action required by the decision, and advise the applicant of that action.

• IED will keep a written record of the complaint or appeal, including a statement of the outcome and reasons for the outcome.

Formal Complaints • Applicants can lodge a formal complaint with IED if the matter has

not been satisfactorily resolved informally.

• IED prefers that formal complaints are submitted in writing.

• IED prefers that the Complaint Form available under Brochures and Forms on the www.study.vic.gov.au website is completed and submitted, however, formal complaints will be considered in other written formats.

• The completed Complaint Form should be submitted to [email protected] and should clearly outline the student name and ID, the reason for the complaint, and what outcome the complainant is seeking.

• Formal complaints will be directed to a manager within IED who is best placed to resolve the matter.

• Complaints about the following matters will be dealt with as appeals:

– A decision to issue a Notice of Intention to Expel and Report for Non-Payment of Fees

– A decision to issue a Notice of Intention to Report and Defer, Suspend or Cancel a student’s enrolment due to misbehaviour

– A decision to issue a Notice of Intention to Report and Defer, Suspend or Cancel a student’s enrolment due to unsatisfactory course progress or attendance

– A decision to deny a request for deferral

– A decision to deny a request for a school transfer – A decision relating to a refund request.

Internal Appeals • Applicants can request an internal appeal if they think IED has

made in error in relation to the outcome of a formal complaint or if they wish to appeal one of the decisions outlined above.

• Complainants who are dissatisfied with the outcome of a complaint have 20 working days to lodge an appeal from the date they receive written notification from DET of the complaint outcome or from when they are informed of one of the decisions above. The exception is where a decision has been made relating to a refund request where the complainant has 28 days to lodge an appeal.

• The appeal application must set out the reasons for requesting a review and outline what outcome the appellant is seeking. The application and any supporting documentation should provide enough detail for the reviewer to make an informed decision about the request for appeal.

• Each appeal request will be considered on its merits in conjunction with any supporting documentation provided.

• IED prefers that appellants complete and submit the Appeal Form available under Brochures and Forms on the www.study.vic.gov.au website, however, requests for an appeal will be considered when received in other written formats. Appeal applications should be emailed to [email protected].

• Internal appeals will be dealt with by a senior DET staff member who was not involved in the original decision or complaint.

• The internal appeal written outcome will inform the applicant of their right to access an external complaints handling and appeals process at minimal or no cost with the Victorian Ombudsman and include contact details.

Enrolment during an internal appeal • A student’s enrolment will be maintained during an internal

appeal. However, DET may suspend or cancel the enrolment of a student at any time without or during an appeals process if the student’s health and wellbeing, or the wellbeing of others, is likely to be at risk.

External Complaints and Appeals • If the applicant is not satisfied with the outcome of an internal

appeal they may seek an external appeal by making a complaint to the Victorian Ombudsman.

• The contact details for the Victorian Ombudsman are: Address: Level 2, 570 Bourke Street, Melbourne VIC 3000. Phone: +61 3 9613 6622. Website: https://www.ombudsman.vic.gov.au/Complaints/Make-a-Complaint.

• IED will comply with a decision or recommendation in favour of the student made by the Victorian Ombudsman, and will immediately implement the decision or recommendation and/or take the preventative or corrective action required by the decision, and advise the applicant of that action.


The role of the Victorian Ombudsman • The Victorian Ombudsman deals with complaints.

• Parents, students and agents can make a complaint to the Victorian Ombudsman at any time. However, the Victorian Ombudsman may ask the applicant to first access the ISP complaints and appeals process before dealing with the matter.

Interpreter Assistance • If applicants require an interpreter to assist with phone calls, they

can contact the Translating and Interpreting Service (TIS) on +61 3 9268 8332, advise of the language and dialect assistance that they require, and ask TIS to call IED, in the Department of Education and Training, on +61 3 9637 2990 between 9.00am to 4.00pm Australian Eastern Standard Time from Monday to Friday, excluding Victorian public holidays. Applicants will not be charged for the translation service.

Privacy • The applicant’s identity will be protected, but may be reasonably

required to be disclosed in order to progress the complaint or appeal, and may need to be disclosed by law.

• DET's Information Privacy Policy provides details about the use of personal information.

Parent or Legal Custodian Consent By signing this Written Agreement you are indicating that you have read and understood the information, policies, and terms and conditions contained in the Letter of Offer and Written Agreement and that you agree to be bound by them. By signing this Written Agreement you also: • declare that you have access to sufficient funds to pay the student’s tuition for the period of enrolment. This includes any

future extensions you may seek to the student’s enrolment • authorise DET to obtain the student’s and parents’ visa entitlement verification online with DHA

http://www.border.gov.au/Busi/visas-and-migration/visa-entitlement-verification-online-(vevo) • agree to use DET’s preferred method of communication in relation to the student • give permission for the student to participate in any excursions or activities organised by the school/college in which the

student is enrolled. We, «StudentGivenName1»’s parents, or legal custodian, wish to accept the offer made by the Department of Education and Training for «StudentGivenName1» «StudentFamilyName» (Student ID «StudentID»), the student, to undertake the program as stated in the Letter of Offer and Written Agreement dated 26/3/19. SIGNATURES Father/Legal Custodian - «StudentFatherName» Signature: _________________________________________________ Date: _____ / ______ / _______ Mother/Legal Custodian - «StudentMotherName» Signature: _________________________________________________ Date: _____ / ______ / _______